Retirement


#1

how do i go about finding out what my stbx retirement etc is with his employer, he will not be honest and tell me, he is sort of a independent contractor, he is is sales. he has been there 22 yrs


#2

If there is litigation pending you may send discovery to your spouse in the form of a request for production of documents requesting the retirement information.


#3

there is no litagation… a sa was signed and it stated only that i did not waive any right to any 401 k , retirement or business interest. where do i go from here.


#4

File a lawsuit for Equitable Distribution and include a Request for Production of documents if your spouse will not voluntarily turn them over.


#5

Is that part of the EQ, all other eq was divided… . we each waived rights to each others mutual funds… and retirement, because the werer pretty much equal.

so am i correct that i have an atty file a suite for EQ, specifically for Business Interest, 401K, any defered compensation etc… , and then that atty would make my stbx produce documents. What happens if he has “friends” that can forge documents… make it look like there isn’t what can I do in that situation.

gagirl
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#6

You will file a limited action for ED in which you are seeking a division of the 401(k) and any business interest which is marital property. The attorney could assist in procuring the necessary documents.
You may subpoena document directly from financial institutions as well.


#7

Will I she have to have a lawsuit to subpoena or can the atty just subpoena for the information?


#8

Suit must be pending for a subpoena to be issued.


#9

my husband owns his own business, he is a indep. contractor . I have helped him run this business for 16 yrs without pay, All income was considered “ours” . I have interest in this business. If we are able to settle on $ for my share of interest, will that
share be taxable to me? will it be a write off for him?

second question if I may? we jointly own a townhome which has been on the market since March 2009, it sits empty how will this effect the divorce… it’s profit/loss has been stated in our SA… but if he files for divorce will have any effect on this property?


#10

No, property distributed pursuant to separation and divorce is not taxable.


#11

we jointly own a townhome which has been on the market since March 2009, it sits empty how will this effect the divorce… it’s profit/loss has been stated in our SA… but if he files for divorce will have any effect on this property?
in otherwords, can this still stay on both our names when we get divorced or does it have to be put in one or the others name.


#12

It can remain in joint names.


#13

We will have been seperated 1 yr as of April 2, does the suit for LIMITED ED, have to be done by April 1 , or prior and if prior is there a set number of days prior… is my clock ticking so to speak…?


#14

You may file for divorce on April 3, but must include a claim for ED in your divorce Complaint to preserve your rights to pursue property distribution under the Equitable Distribution statute.


#15

If you do not file for ED or have a pending claim for ED when you file for divorce, then you LOSE all your rights to ED. So yes, your clock is ticking.


#16

ok, so looking over your prior responses.

  1. I can file for divorce on April 3, and attach a limited ED claim. I can use that suit number to subpena records to determine if there is any “hidden assets”

  2. and in that claim limited ed can included business interest and any hidden assests that are undiscovered as of April 3 ? or does the hidden assests ie defered income have to already be discovered…


#17

You will need to file an ED claim and submit discovery asking for his financial records, and may subpoena third parties and financial institutions who have possession of financial records.


#18

i want to get this correct,

I can file for divorce and attach a claim for limited rd to that divorce request. and that ed can be a limited ed , which is to protect my rights to business interest, unknown/ undisclosed assests . I will use that divorce suit number to
subpeaon whomever that is need to detemine what is undisclosed/ hidden.

or does the claim for ed have to seperate from the divorce request.


#19

Unless you have a separation agreement that outlines an agreed upon distribution you need to include a regular equitable distribution claim in the complaint to protect your interest in martial property.
Once the case is filed you may have the clerk issue subpoenas on your behalf.


#20

all the other ed has been seperated except for business interest and any undisclosed /defered income.
and it states i do not waive any rights to that…and all the money has been seperated that was disclosed and have started receiving alimony

can i let him file for divorce and when i receive notice , contest it for the limited ed of the business interest, and any defered income?